Expert: Dick Rogers - 5/11/2004

Question
DEAR SIR:
I APOLOGIZE IF THIS DOES NOT FALL UNDER ETHICAL OR MORAL ISSUES BUT MAYBE IT IS AN ETHICAL/MORAL DECISION & NOT A PROCEDURAL.  I AM TRYING ALL AVENUES.
I have been stumped for awhile now & I haven't the slightest clue as to where I need to go to get the information I need.  I need the information to come from California Law/Procedures, etc any other information would also be helpful.  Here is the scenario:
I AM DOING SOME RESEARCH ON THE PROPER PROCEDURES WHEN AN OFFICER COMES IN CONTACT WITH AN INDIVIDUAL WHO SEEMS TO BE IN NEED OF MEDICAL ATTENTION & IS DEFINITLEY HIGH ON SOME KIND OF DRUG.  CASE SCENARIO:  OFFICER & PARTNER WORKING THEIR BEAT SEE A MAN STAGGERING IN THE MIDDLE OF THE STREET, THEY PULL THEIR CAR OVER AND START TALKING TO HIM SLOWLY, CAUTIOUSLY APPROACHING HIM.  HE SITS DOWN AND ASKS THEM TO HELP HIM BECAUSE GOD WANTS HIM TO KILL THE DEVIL.  SO THEY DETAIN HIM, NOT ARREST, BUT DETAIN AND BEGIN TRANSPORT TO THE LOCAL HOSPITAL WHILE CALLING THE SITUATION IN THEY ARE INFORMED THAT HE IS WANTED IN CONNECTION WITH THREE OFFENSES THAT HAD OCCURRED NOT EVEN TWENTY MINUTES BEFORE.  SO THEY TURN AROUND AND TAKE HIM TO THE LOCAL STATION WHERE HE IS INCOHERENT, DAZED, CONFUSED, AND SEMI-VIOLENT; BOOKED & PROCESSED FOR TRANSPORT TO THE COUNTY JAIL.  THE WATCH COMMANDER AUTOMATICALLY STATES HE IS ON PCP & A HIGH RISK & THREAT FACTOR AS WELL AS BEING DELUSIONAL, THE WATCH COMMANDER EVEN MAKES THE COMMENT THAT HE PROBABLY DOESN'T EVEN KNOW WHAT IS GOING ON OR WHERE HE IS AT.  HE IS THEN TRANSFERRED TO THE COUNTY JAIL WHERE SOMETHING IRRITATES HIM AND HE WILDLY STRUGGLES WITH FIVE OFFICERS BEFORE THEY ARE ABLE TO CONSTRAIN HIM.

MY QUESTION IS, WHEN ENCOUNTERING A SITUATION SUCH AS THE ONE ABOVE IS THERE A SET GUIDELINE/PROCEDURAL RULE OR DO ANY CODES CALL OUT HOW TO DEAL WITH THE ABOVE SITUATION.  IF SO, WHAT ARE THE PROPER HANDLING PROCEDURES AND IS THERE ANY LEGAL CASES/CODES THAT ARE ABLE SHOW ME WHERE THE PROCEDURES ORIGINATED FROM?  

Answer
Janay, your question is a lulu...not because it is difficult to answer but because it is a scenario that has played out in streets across the country.  As to your question regarding codes...I have been out of the loop for some years now so you can't rely on me to help you with that.  I can share with you the dynamics of what you describe.  If an individual is as you initially described...in an incoherent state, presumably high on some drug...unable to care for him/herself, and possibly of danger to themselves or others, the officers would do what you first indicated...transport the person to a psychiatric hospital for evaluation of a 72 hour involuntary commitment.  But then you described the fact that the person had been involved in a number of crimes just before the officers contacted him.  This then, indicates that the person has not only posed a threat but acted out violently.  He most likely was transported to the station to avoid potential injury to officers, hospital staff, and others and for processing as an offender.  The deciding factor here is whether the subject is unbalanced or under the influence of drugs...one would suggest patient, the other would suggest suspect in that drugs (like alcohol) are voluntary and the resultant acts accountable.  Given the fact you mentioned PCP, it was not unusual that the subject battled people at the jail...they are capable of incredible strength while under the influence of the drug and must be restrained.  Even though he was transported to the jail, there are  medical facilities at jails to deal especially with drugged up subjects.  I hope this helps to clear up the matter for you.